Regular Session - October 7, 1999
7189
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
October 7, 1999
5:06 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G
THE PRESIDENT: The Senate will
come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: The invocation
today will be given by the Reverend Peter
Young from the Church of the Blessed Sacrament
in Bolton Landing, New York.
REVEREND YOUNG: Let us pray.
Dear God, on this beautiful fall
October day, we gather to use our talents with
Your blessings. For the citizens of our great
state, we pray that You will grant us wisdom
and help to carry on the duties of leadership.
We ask You this in Your name, O
God, and pray that You will guide us, and our
Senators, for the benefit of all of the people
of State of New York.
Amen.
THE PRESIDENT: Reading of the
Journal.
7191
THE SECRETARY: In Senate,
Wednesday, October 6th, the Senate met
pursuant to adjournment. The Journal of
Monday, October 4th, was read and approved.
On motion, Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Volker.
SENATOR VOLKER: Madam President,
I wish to call up my bill, Senate Print Number
4719B, recalled from the Assembly, which is
now at the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: By Senator
Volker, Senate Print 4719A, an act to amend
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the General Business Law.
ACTING PRESIDENT KUHL: Senator
Volker.
SENATOR VOLKER: I now move to
reconsider the vote by which this bill was
passed.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT KUHL: Senator
Volker.
SENATOR VOLKER: Mr. President, I
now move to recommit the bill to the Committee
on Rules, as amended.
ACTING PRESIDENT KUHL: The bill
will be recommitted.
Senator Bruno.
SENATOR BRUNO: Mr. President,
we're at ease for a few moments, waiting for
the Minority to finish their conference. And
I am informed that they are finishing and are
a few minutes away from the chamber.
And when we have Minority
7193
representation, we're going to ask for an
immediate meeting of the Rules Committee in
Room 332.
ACTING PRESIDENT KUHL: Do you
want to set a time on that, Senator Bruno?
5:15 or -
SENATOR BRUNO: In five minutes.
ACTING PRESIDENT KUHL: The
Senate will stand at ease.
There will be a Senate Rules
Committee meeting in the Majority Conference
Room. Senate Rules Committee meeting in the
Majority Conference Room, Room 332, at 5:15.
(Whereupon, the Senate stood at
ease at 5:10 p.m.)
(Whereupon, the Senate reconvened
at 5:26 p.m.)
ACTING PRESIDENT KUHL: The
Senate will come to order.
I ask the members to find their
places, staff to find their places.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time go back to the motions and
resolutions calendar and ask that the
7194
Resolution Calendar be presented and passed.
ACTING PRESIDENT KUHL: We will
return to the regular order of motions and
resolutions.
The Resolution Calendar is before
you. All those in favor of adopting the
Resolution Calendar signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
Resolution Calendar is adopted.
Senator Bruno.
SENATOR BRUNO: Mr. President,
there is a resolution that we just passed that
I have sponsored, 2333, asking the Governor to
proclaim the year 2003 the Year of the Korean
War Veterans. Anyone that would like to be on
that resolution, please acknowledge at the
desk.
Thank you.
ACTING PRESIDENT KUHL: Are there
members who would like to be on the
resolution?
7195
SENATOR BRUNO: Anyone that
wouldn't like to?
ACTING PRESIDENT KUHL: Maybe
it's easier, Senator Bruno, Senator Connor, if
we put all the members on the resolution with
the exception of those members who don't wish
to be the resolution.
If you don't wish to be on
Resolution 2333, please indicate to the desk,
and they will remove your name.
Senator Bruno, that brings us to
the calendar.
SENATOR BRUNO: Mr. President,
can we at this time return to reports of
standing committees. I believe there's a
report from the Rules Committee that I would
ask be accepted at this time.
ACTING PRESIDENT KUHL: There is.
The Secretary will read the report
of the Rules Committee.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, offers up the
following bills directly for third reading:
Senate Bill 6143, by Senator Wright
and others, an act to amend the Public Service
7196
Law and the Environmental Conservation Law;
6144, by Senator Nozzolio and
others, an act to amend the Penal Law and the
Vehicle and Traffic Law;
6145, by Senator Volker and others,
an act to amend the Executive Law and the
Criminal Procedure Law;
And 6146, by Senator Rath and
others, an act to enact the Clinic Access and
Anti-Stalking Act of 1999.
All bills directly for third
reading.
ACTING PRESIDENT KUHL: The
motion is to accept the report of the Rules
Committee. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The Rules
report is accepted. The bills are ordered
directly to third reading.
Senator Bruno.
SENATOR BRUNO: Mr. President,
7197
can we at this time take up the
noncontroversial reading of the Rules report.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1682, Senator Wright moves to
discharge, from the Committee on Rules,
Assembly Bill 9039 and substitute it for the
identical Senate bill, 6143.
ACTING PRESIDENT KUHL: The
substitution is ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1682, by the Assembly Committee on Rules,
Assembly Print 9039, an act to amend the
Public Service Law and the Environmental
Conservation Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 18. This
act shall take effect December 1, 1999.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
7198
the negatives and announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1682 are
Senators Duane, Hevesi, LaValle, Onorato,
Padavan, Schneiderman, Seabrook, and Senator
Leibell. Also Senator Saland.
Ayes, 48. Nays, 9.
ACTING PRESIDENT KUHL: The bill
is passed.
The Secretary will continue to
read.
THE SECRETARY: In relation to
Calendar Number 1682, also Senator
Oppenheimer.
Ayes, 47. Nays, 10.
ACTING PRESIDENT KUHL: The bill
is passed.
The Secretary will continue to
read.
THE SECRETARY: In relation to
Calendar Number 1715, Senator Nozzolio moves
to discharge, from the Committee on Rules,
Assembly Print 9038A and substitute it for the
identical Senate Print, 6144.
ACTING PRESIDENT KUHL: The
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substitution is ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1715, by the Assembly Committee on Rules,
Assembly Print 9038A, an act to amend the
Penal Law and the Vehicle and Traffic Law, in
relation to falsely reporting an incident.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 10. This
act shall take effect on December 1, 1999.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
The Secretary will continue to
read.
THE SECRETARY: In relation to
Calendar Number 1716, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Print 9037A and substitute it for the
identical Senate Print, 6145.
7200
ACTING PRESIDENT KUHL: The
substitution is ordered.
The Secretary will read the title.
THE SECRETARY: Calendar Number
1716, by the Assembly Committee on Rules,
Assembly Print 9037A, an act to amend the
Executive Law and the Criminal Procedure Law,
in relation to the DNA Identification Index.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT KUHL: The bill
will be laid aside.
The Secretary will continue to read
the noncontroversial reading of the Rules
report.
THE SECRETARY: In relation to
Calendar Number 1717, Senator Rath moves to
discharge, from the Committee on Rules,
Assembly Print 9036A and substitute it for the
identical Senate Print, 6146.
ACTING PRESIDENT KUHL: The
substitution is ordered.
The Secretary will read the title.
THE SECRETARY: Calendar Number
1717, by the Assembly Committee on Rules,
Assembly Print 9036A, an act to enact the
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Clinic Access and Anti-Stalking Act of 1999.
ACTING PRESIDENT KUHL: Senator
Goodman, why do you rise?
SENATOR GOODMAN: Is this bill
being called, sir? I just arrived in the
chamber.
ACTING PRESIDENT KUHL: The bill
is being called on the noncontroversial
calendar.
SENATOR GOODMAN: I beg your
pardon. Thank you very much.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 19. This
act shall take effect on December 1, 1999.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
SENATOR GOODMAN: Mr. President.
ACTING PRESIDENT KUHL: Senator
Goodman, to explain his vote.
SENATOR GOODMAN: Mr. President,
I would like to explain my vote briefly and
say that I believe that this bill -
ACTING PRESIDENT KUHL: Senator
7202
Goodman, excuse me just a minute.
There's a lot of noise in the
chamber. If we could have the members please
take their conversations, if they find that
they're necessary, out of the room, and the
staff take their places. Give me just a
minute to get to quiet.
Senator Farley, do you wish to take
your chair or the conversation out of the
room?
Thank you.
Senator Goodman.
SENATOR GOODMAN: Mr. President,
it's my belief that this Clinic Access Bill
constitutes perhaps the most important women's
rights measure that has passed in this house
in the last 30 years.
Some 30-some-odd years ago, you may
recall we did pass a bill which permitted
women the right to exercise their choice in
matters relating to abortion. And since that
time, unfortunately, despite the fact that
this even preceded the Roe versus Wade federal
decision, we found ourselves in a situation in
which, unfortunately, women were blocked at
7203
clinic entrances, were harassed and, in many
instances, injured and in some cases even
killed in an effort to proceed to try to
obtain the services to which they were legally
entitled.
Mr. President, this matter came to
a boil very recently when a Dr. Slepian, in
the city of Albany [sic], was in his own
kitchen and was shot in the back by an
individual who resented the fact that he was
providing women's sanitary services, including
abortion. And that I think indicated the
severe problem which the society faced at a
point where the law was being flouted and
totally disregarded.
Why was this disregard so permitted
under these circumstances? The answer is
plain. That although a federal law was passed
making this type of activity illegal, there
was simply insufficient availability of
enforcement to make sure that the federal law
had teeth.
The action which we're taking
today, which carries with it as well a
provision which prevents stalking -- that is
7204
to say, the following of individuals with an
intent to do them harm or to harass them -
for the first time in these many years will
provide the very teeth necessary to assure
that the protections guaranteed by the law can
be carried out.
A law which passed is one thing,
but a law which can create a definite limit to
impermissible conduct is quite another. And
under the circumstances, I cannot emphasize
strongly enough the significance of this major
piece of legislation.
I wish to thank my colleagues at
this point for giving it final passage, and to
say that I think the Governor's very
progressive stand on this matter has also been
a significant contributory to the success of
the measure. I most affirmatively wish to
support him and obviously explain my
affirmative vote, with a -- double underlining
the fact that it's one of the great votes that
we've been able to cast since I've arrived in
this Legislature some 32 years ago.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
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Goodman, you will be -
SENATOR GOODMAN: May I ask for a
very brief opportunity to state that -- I
don't know this if this is the right moment,
but I wish to record my opposition to a bill
that -
ACTING PRESIDENT KUHL: Senator
Goodman, we'll do that in just a moment.
SENATOR GOODMAN: Thank you very
much, Mr. President.
ACTING PRESIDENT KUHL: Senator
Goodman will be recorded in the affirmative.
Senator Schneiderman, to explain
his vote.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I join Senator Goodman in -- and I
share in his pride in our passing this bill.
I am rising now, and I don't want to delay
things, particularly to thank and commend
those who remained behind when we adjourned in
August. And -- because when we adjourned
without doing this bill, I was quite
concerned. And I know that Senator Bruno and
staff stayed on, got this done.
7206
It is a tremendous step forward.
It is a very important bill. It's a very
important bill to many people who I know
personally and have worked with. And
protecting the doctors and the patients and
the clinic workers of our state is just a very
important measure that we have finally been
able to act on.
And it makes -- you know, this is
the kind of work that we need to do, we need
to do more of. And I was very, very proud
when I heard at the end of the day after we
had adjourned that in fact people had gotten
the job done and we've done this. This is a
tremendous step forward.
I hope that we'll be able to move
forward next year further in the area of human
rights, reproductive rights. There are a lot
of things still on the agenda. But this is a
tremendous step, and I'm very -- it's the kind
of bill that makes me proud to be in the
Senate.
And again, high praise to those,
having been up all night the night before we
adjourned, who stayed on and got the job done
7207
and negotiated it out with the Assembly and
the Governor.
I vote in the affirmative.
ACTING PRESIDENT KUHL: Senator
Schneiderman will be recorded in the
affirmative.
Senator Hoffmann, to explain her
vote.
SENATOR HOFFMANN: Thank you, Mr.
President.
I want to thank my colleagues for
their support for this important measure. We
passed it earlier this session in a somewhat
different form, and now that it has come back,
paired with the anti-stalking bill for a
second time, and we know that the Governor is
prepared to sign this matter into law almost
immediately, we are really at an historic
moment.
But it's a bittersweet moment,
because it underscores how very fragile our
democracy is. We shouldn't have to pass a law
to guarantee access to a health service that
is already fully legal in this state. But
because of the threats on people's lives and
7208
because of the taking of a life and because of
the constant intimidation that women have
felt, it has become necessary for us to take
this measure seriously and to put something
into law that will be unchallengeable, and
that every woman, for whatever reason, who
seeks access to such a health care facility
can be guaranteed that access without any form
of discrimination or intimidation.
And there are people who are on
another side of the choice issue who have to
have some pause right now too. And I share
their concern. Because the fact that we still
have abortion services in a civilized society
is another reason for us to continue
redoubling our efforts to help educate young
women, to help educate young men about the
dangers of unwanted pregnancy, to help people
of all ages understand their need to be
responsible to each other when they engage in
sexual activity. We have far too many
unwanted pregnancies in this state, and we
sometimes forget that that's an issue that
requires our attention as well.
So while we address the issue of
7209
clinic access, while we address the issue of
safety, primarily for women, from the fear of
stalking, I hope that we can redouble our
efforts to address the need for a freer and a
fairer society for all women -- particularly
for young girls, who are so often victimized
by people who prey upon their naivete in the
areas of reproductive activity.
And I want to compliment and thank
Senator Bruno for his steadfast support of
this measure, and make sure that everybody
realizes that we will be vigilant in the State
of New York in seeing that it is fairly and
justly enforced.
ACTING PRESIDENT KUHL: Senator
Hoffmann will be recorded in the affirmative.
Senator Oppenheimer, to explain her
vote.
SENATOR OPPENHEIMER: I would
like to make one point, if I may. And that is
that the approach in the last couple of years,
certainly -- maybe even longer than that -- of
the prochoice community has been to focus on
education and prevention. Because I think
there is nobody probably in this state who is
7210
proabortion; what we are is prochoice.
And we would like young people to
understand that there are any number of means
of preventing pregnancy. And that is what we
seek, prevention of the pregnancy. Nobody
really likes the idea of an abortion. It's
just there should be a choice if an accident
has occurred and this is not a child that is
wanted -- a fetus that is wanted.
What I want to say is it's sort of
funny, this is so anticlimactic, after all the
years that we have been working for this, to
sort of have it just slip in on this quiet
night. But I am, of course, very thrilled.
And what I want to say is my
appreciation to the people who have made this
happen -- in particular, Senator Bruno.
And all you folks who in the past
have had trouble with this issue, it is such
an important thing to us in the prochoice
community. I know in my -- in my county, we
have to put up bulletproof doors and windows
in our reproductive health centers, at
enormous cost. I mean, isn't that appalling,
that in this country we have to put up
7211
bulletproof doors and windows?
So this goes really a long way to
correcting that injustice, overcoming the
intimidation that so many people have felt,
and permitting them to seek their reproductive
health in a free and a caring atmosphere and
not a violent one.
So my thanks to all you folks.
ACTING PRESIDENT KUHL: Senator
Oppenheimer will be recorded in the
affirmative.
Senator DeFrancisco, to explain his
vote.
SENATOR DeFRANCISCO: Mr.
President, we have here an anti-stalking bill
and a clinic access bill. I support the
stalking bill. I'm opposed to that component
dealing with clinic access. And I vote no on
this legislation. I just want to explain
briefly why.
Senator Hoffmann indicated we
shouldn't have to pass a law that allows
clinic access. Well, not only shouldn't we
have to, but we don't have to. If someone is
harassing somebody, they could be charged with
7212
harassment. If someone is assaulting someone,
they could be charged with assault. If
someone is killing someone, they could be
charged with murder.
I think basically what this bill
really does is there's a certain division
among people on a certain issue, and this is
to make one side of that issue feel good.
But there's already bills that deal
with every act of violence that this bill is
allegedly for. And it seems to me that
there's a real fine line between harassment
and free speech. And I think most of the
people voting for the bill would have been
appalled if during the Vietnam War we had
passed a special bill protecting people -- or
against people who were protesting a specific
issue against the war.
And the most amazing thing about
the bill is not only do we not need it -- we
shouldn't have to pass it, we don't need it -
but when Roy Goodman eloquently steps up and
talks about that atrocious act where a doctor
was killed in his own home, it points up the
very fact that that has nothing to do with
7213
clinic access. He was home, he got shot,
somebody murdered him. He should be charged
and convicted of murder and punished
accordingly.
So no matter how you slice it, the
bill is not needed. And it's really a
political statement that I think is very
dangerous in defining certain favored groups
in the Legislature to have special protection,
when it's really a free speech bill and it's a
decision that the legislator's taking on,
whether you're for or against an abortion or
for -- or prochoice or antichoice, depending
on how you frame the issue.
ACTING PRESIDENT KUHL: Senator
DeFrancisco will be recorded in the negative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1717 are
Senators DeFrancisco, Farley, Maltese, and
Padavan. Also Senator Meier.
Ayes, 53. Nays, 5.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno, that completes the
7214
noncontroversial reading of the Rules report.
SENATOR BRUNO: Mr. President,
can we at this time go to the controversial
calendar.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1716, by the Assembly Committee on Rules,
Assembly Print 9037A, an act to amend the
Executive Law and the Criminal Procedure Law,
in relation to the DNA Identification Index.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT KUHL: Senator
Volker, an explanation of Calendar Number -
actually, it's Senate Print 6145.
SENATOR VOLKER: Mr. President,
this is, in my humble opinion, one of the most
important criminal justice bills that we will
pass and now will go on to the Governor in
this decade, in the 1990s.
And the reason is, very quickly, I
was the sponsor of the original bill that set
up DNA -- the DNA data bank, back I think
somewhere in the late '80s or early '90s. In
7215
'94, we passed legislation that essentially
set up the DNA data bank for most of the
violent felonies.
Now, this bill, which was passed by
the Assembly after this house left -- and
frankly, thanks to Senator Bruno -- and I
don't want to cast any aspersions, but the way
this system works, unfortunately now, if we
hadn't left the scene, I don't believe the
Assembly would have done the bill at that
time. I think it would have been later on in
the year before this ever would have happened.
But unfortunately, the Assembly waited until
we left.
And by the way, Senator
Schneiderman said he was still here. I was
still here too. I was here in the middle of
the night when all the ruckus was going on,
and of course Senator Bruno and -- I'm looking
at the staff people who were here deep into
the night. And this is the result of it.
These are important bills. This
bill would expand rather dramatically the
availability of DNA. Particularly, it would
expand it to drug offenders, both past and
7216
present -- in other words, people that are on
probation and parole -- and to burglars.
Because this especially includes burglary
third, which is very important, because many
of those people have been found in other
states, with the DNA testing, to be involved
in other crimes, including a significant
number of sex crimes.
Now, I've talked to the Governor
personally about this bill, by the way. I
just met last night with the DCGS to discuss
the cost. It is going to be a considerable
cost over the next few years. But I think the
result of this bill will be that a lot of
criminals, some of whom may be out on the
streets today, you know, for sex crimes and
many other crimes, when the -- when this is
fully implemented, they're going to end up in
jail. They're going to get caught, and
they're going to go to jail.
Two -- just two things. The bill
also increases the penalties for any kind of
illegal use of DNA testing to a felony, for
any kind of improper use makes it a felony.
You go to jail for, what is it, 2½ to 7½, if
7217
I'm not mistaken. And I think it's a very
important bill.
And one final thing. It changes
the fact that you can only use blood to
extract DNA, which is the present statute. So
you can use other areas -- for instance, hair
and things of that nature -- for DNA testing.
ACTING PRESIDENT KUHL: Senator
Duane.
SENATOR DUANE: Would the sponsor
yield to a couple of questions?
SENATOR VOLKER: Certainly.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: Am I correct to
note that this bill would set up a statewide
DNA reporting system?
SENATOR VOLKER: Well, it's
actually already set up, Senator. It was set
up, as I say, years ago, in -- oh, I don't
know, '88, '90, somewhere in there. And then
it was expanded in '94.
What this is is an expansion of
that system that was already set up some years
ago.
7218
SENATOR DUANE: And one
additional question.
ACTING PRESIDENT KUHL: Are you
asking the Senator to yield again, Senator
Duane?
SENATOR VOLKER: I will yield.
ACTING PRESIDENT KUHL: Senator
Volker, do you yield again?
SENATOR DUANE: And just to
clarify -
ACTING PRESIDENT KUHL: Senator
Duane -- Senator, excuse me just for a minute.
There are a lot of conversations in
the chamber going on. It's very difficult to
hear the questioning. If you need to have a
conversation, members, please take them out.
If the sergeant-at-arms can just
kind of curtail the movement through the
chamber, that would be appreciated.
Thank you for the interruption,
Senator Duane.
SENATOR DUANE: Thank you.
If the sponsor would please
reclarify the enhanced penalties for tampering
with DNA.
7219
SENATOR VOLKER: Yeah, it would
make it a Class E felony. Which, as I said,
would move that from a -- I believe a
misdemeanor now, a Class A misdemeanor, to an
E felony. Which I believe is what, 2½ to 7½,
I believe, or something of that nature.
Four. I'm sorry, 4 years. Maximum
of 4 years.
SENATOR DUANE: Thank you, Mr.
President.
Thank you.
SENATOR VOLKER: You're welcome.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
Excuse me. Senator Duane.
SENATOR DUANE: I believe that
there's an amendment at the desk.
ACTING PRESIDENT KUHL: There is
an amendment at the desk, Senator Duane.
SENATOR DUANE: I would ask that
the reading be waived and I be given an
opportunity to explain the amendment.
ACTING PRESIDENT KUHL: Your
request is granted. The reading will be
waived, and you're now afforded an opportunity
7220
to explain the amendment.
SENATOR DUANE: Thank you very
much.
The amendment that's at the desk is
the exact same legislation which passed the
Assembly this session, which is known as
either the bias bill or the hate crimes bill.
And because the amendment that is before us is
exactly the same as what the Assembly has
passed, we have a real opportunity now to pass
the bias bill.
As many of you know, in the last
session we increased penalties for crimes
committed against the elderly. This chamber
has a long history of passing legislation
which enhances penalties for crimes committed
against law enforcement officers. Recently,
in committee in the Senate, legislation was
passed which enhanced penalties for sports
authorities -- referees, umpires and coaches.
And what this legislation before us
would do, contained in this amendment, would
be to enhance penalties for bias-related
crimes.
It seems that the argument, which
7221
had been used time and time again, that there
shouldn't be special categories set up, is not
really the case, because we've been willing to
consider doing that for referees and umpires
and coaches, and we've in fact done it for
older people and for police.
Since we last met, probably the
most well-known case of terrible bias and hate
occurred in California, where in Los Angeles a
gunman, a white supremacist, went out to a
daycare center that was run by a synagogue and
committed just the most heinous hate crimes
against Jewish children.
Are we waiting for that to happen
in New York State? Do we need to have this
kind of terrible, terrible tragedy happen in
New York State for us to pass bias-related
legislation?
You know, in New York State -- many
of you saw the photos of the police officers
escorting the children from the daycare
center. But in New York State, state troopers
don't even report bias incidents. There is no
reporting, no statewide reporting system for
bias-related incidents. Why? Are we afraid
7222
to know the extent of bias in New York State?
Why don't we want to know cases of
anti-Semitism and racism, antigay attacks in
our state? Why don't we want to have that
information so that we can deal with the issue
of hate crimes and hate in our state?
Today President Clinton signed an
executive order which makes hate crimes a
crime in the United States military. And yet
our state troopers here in New York State
don't even consider hate crimes to be a
terrible crime. Why not? The U.S. military,
with its hideous don't-ask-don't-tell policy,
now has hate crimes as one of the classes of
crime which is covered within the military,
and yet our law enforcement here in New York
State does not do that. That is wrong. It's
wrong that we don't have a hate crimes bill.
Now, you know, I know that people
are annoyed that I'm standing up and bringing
this up again. But you know what? I'm going
to do it time after time after time again.
You know what you can consider it? Consider
it your sacrifice to the time I had to spend
in an emergency room because I got beaten up
7223
and I needed hospital attention. I don't
think that's too much to ask for.
And if you had a few more minutes,
you could go out at 8 o'clock and see the
vigil in honor of Matthew Shepard, who was
murdered a year ago today. And you can hear
the testimonials from people here in Albany
who were victimized by hate crimes.
I spoke at the Gay Pride rally on
Saturday, and I asked the question which I
always ask: "How many of you have been
verbally or physically assaulted for being gay
or being perceived to be gay?" And once
again, the vast majority of people raised
their hands. Because every day in New York
State, people are vilified and beaten up
because they are gay or they are perceived to
be gay.
And New Yorkers will not be safe
from anti-Semitic or racist or homophobic
attacks until we pass a bias bill. I urge you
to vote for the amendment today. It's the way
to protect all New Yorkers from hate crimes.
Thank you.
ACTING PRESIDENT KUHL: Senator
7224
Hevesi, on the amendment.
SENATOR HEVESI: Thank you, Mr.
President.
And I, for one, am not upset that
Senator Duane has chosen to reiterate time and
time and time again our collective failure
here to address a most important and pressing
public policy issue.
And let me state from the outset
that I support Senator Volker's bill on the
DNA index, which I think is going to save
lives. And a few moments ago I supported the
clinic access legislation, which I think will
save lives, in conjunction with the stalking
component of that legislation, which will save
lives. And in both of those cases, in
addition to saving lives, we may prevent
serious injury from being inflicted upon the
residents of this state.
I would like to note, though, that
there was a memo in opposition filed to the
clinic access legislation by the New York
State Conservative Party. Yet somehow that
bill, that legislation, came before us,
overcame that opposition, and we just passed
7225
it. And for some reason we're not able to
pass hate crimes legislation.
Now, let me digress for a second.
I, as many of my colleagues here, give many
speeches in my district, usually one a day, if
not more than that. And for those of you who
are not familiar with my district, it's a very
conservative district. Very conservative. So
I go out and I speak in my district, and
they're very supportive of the legislation we
passed today -- DNA index, stalking. And
they're also supportive of hate crimes
legislation.
And they're sophisticated. And
they don't understand -- well, let me do it
this way. They do understand that the reason
that hate crimes legislation doesn't pass is
because there's a provision there that
provides a protection on the basis of sexual
orientation, in addition to all the other
protections that are provided on the basis of
race and ethnicity and gender and age and
disability.
They don't understand why it is
that that protection should preclude passage
7226
of this legislation. Because they have not
made the logical leap -- because you can't
make the logical leap, and I've spoken about
this a number of times on this floor -- that
to provide this protection in some way
endorses a lifestyle, as if that was a problem
in and of itself. There's no logical
connection there. Just can't understand it.
But I will tell you, Mr. President,
that my constituents are very angry. My black
constituents are very angry that they're not
afforded protections if they're attacked
because they're black, because somebody thinks
that providing some protection to a homosexual
is going to encourage homosexuality -- as if
that was possible.
And my Jewish constituents are very
upset that we don't have hate crimes, because
now they can be attacked because they're
Jewish and not have additional protections and
not have additional penalties for individuals
who would commit so stupid an act, and not
have the deterrent factor that I believe hate
crimes legislation would send to all the
ignorant bigots out there who are losers in
7227
their own life and need to point the finger of
blame at somebody else to reflect on their
shortcomings, to explain their shortcomings.
And the women in the audience that
I speak to, they're upset too because they
don't get the protection. And those with
disabilities don't get the protection. And
Catholics don't get the protection. And
Indians don't get the protection. And no one
else gets the protection. Puerto Ricans,
Latinos, they don't get the protections
either.
Why? Why? Because we can't make
that leap.
And I'll tell you something.
Senator Goodman got me excited earlier this
year as he rose to speak -- and I applaud his
advocacy on hate crimes legislation. He rose
to speak indicating that there were ongoing
negotiations with the Cardinal and that there
may be a ray of hope here that there will be
some type of special dispensation on this
issue which would release certain individuals
who have a philosophical or ideological
propensity to oppose hate crimes legislation
7228
if sexual orientation is included in there.
And I don't know what has happened
to those negotiations, but I would encourage
anybody who has participated in those
negotiations to bring them forward, advance
them in any way possible, if that's what it
will take.
But I would like to point out one
thing. All those people who I speak to in my
district -- the blacks, the Jews, the Latinos,
the Puerto Ricans, the women, those with
disabilities, the homosexuals -- none of those
individuals have said to me, despite their
anger in not having a hate crimes bill passed
in the State of New York, despite the fact
that they now don't have those protections
because somebody doesn't want to include
homosexuals, none of them -- none of them -
have said to me, "Senator Hevesi, why don't
you go up there and negotiate with the sponsor
and pull sexual orientation out and pass the
bill tomorrow?" None of them have asked for
that.
And I applaud them, and I commend
them. And I commend Senator Duane and all of
7229
those individuals who are members of this body
who will not stop until we have this
protection.
No, this is not a panacea. If we
pass hate crimes tomorrow or tonight, we're
not going to end the idiocy that some people
have. We're not going to end this type of
psychological problem that leads people to
commit crimes to victimize people. There are
other things we can do.
But it sends a strong message to
those who would commit violence upon people
based on some characteristic that they by
definition have no control over. And it
would, without a shadow of a doubt, provide an
additional penalty for the ugliest crimes that
are committed in our society. Those are hate
crimes.
So I support Senator Duane in his
advocacy. I support everyone who supports the
hate crimes legislation. I support this
amendment.
And I support Senator Volker's
bill, because I believe that that also will
prevent victimization. That's our purpose in
7230
this legislative body.
I support the amendment,
Mr. President.
ACTING PRESIDENT KUHL: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I also rise in support of the
amendment. And listening to Senator Hevesi,
who really, I think, spoke with extraordinary
eloquence on this, it reminds us that while
we're doing some work today and we're getting
some good things done -- and I also support
Senator Volker's bill, and I think that the
DNA data bank will enable us to do justice -
there's a lot of other kinds of injustice we
have to address. And we have a lot of
unfinished business.
I think that it's no secret now, as
Senator Hevesi pointed out, why this bill
isn't passing. It's not something that people
are unaware of. It's been going on for a long
time. And we know one thing. We know this
bill is not passing because we won't take out
a provision regarding sexual orientation.
7231
And therefore, I submit to you that
the message we send every year when the Senate
doesn't pass this bill is that the position of
our house is that some types of discrimination
are okay.
Because we understand, and I don't
think there's -- you know, there's some
arguments about this, but I've never heard a
compelling counterargument -- that a
bias-related crime is different than a regular
assault. There is no question that when, you
know, someone sprays on my house "Charlie
Loves Suzy," it has a different effect on
me -- it's just graffiti, but it has a
different effect than if someone says "Kill
the Jews."
We know there's a difference. And
it's different because it chills everyone in
the category, it hurts everyone in the
category of people who is harmed.
So I suggest that it's our
obligation to face up to the fact that the
people of the State of New York are catching
on to our failing in the Senate on this issue.
It is not okay for us to say we're willing to
7232
pass a bill that says bias attacks against
black people and Jews and Asians should be
punished with more severity by the law because
they are different types of crimes, but we're
not going to do it for bias-related attacks
against gay people.
That is something that is
fundamentally offensive. And as we're
finishing the session today -- maybe we are,
maybe we're not -- but we're certainly
starting a campaign that will go forward into
next year. This is something that is
important unfinished business in this house.
I support the amendment. I urge
that we take the same steps that we took with
the clinic bill and get this done.
Thank you.
ACTING PRESIDENT KUHL: The
question is on the amendment. All those in
favor signify by saying -
Senator Goodman.
SENATOR GOODMAN: Mr. President,
a brief additional comment, if I may, please.
ACTING PRESIDENT KUHL: You wish
to speak on the amendment, Senator?
7233
SENATOR GOODMAN: Yes, I do.
ACTING PRESIDENT KUHL: The floor
is yours.
SENATOR GOODMAN: Gentlemen, I
think you're entitled to have a brief report
on what is occurring with respect to this
bill, and I will render it herewith.
I think you should know that
shortly after the Cardinal underwent his
surgery for his brain tumor, that I received a
personal telephone call from him. In that
telephone call, which I must say filled me
with the deepest admiration -- even deeper
than that I already felt for the Cardinal -
he most graciously stated that this matter was
still very much alive, that there had been a
conference of the bishops, to which he had
referred earlier in the year, and that with
respect to that conference, a study is being
made by a subcommittee of the bishops. And it
was his expectation that sometime in the very
near future, possibly as early as the end of
October, that that conference would deliver
their report to the plenary bishops'
deliberations.
7234
May I say to you from the bottom of
my heart I believe very deeply in the -- not
only the integrity, but in the desire of the
Cardinal to do everything within his power to
foster goodwill. I need only point out to
you, for example, the letter that he wrote on
Yom Kippur to the Jews of New York in which he
took the extraordinary step, for the first
time in history, of issuing a personal apology
for the history of anti-Semitism -- which is
an astonishing and saintly act on his part
which has been deeply appreciated and
understood throughout the state of New York.
And I ask you please once again to
exert a little patience on this. I did not
intend to speak about it on the floor tonight,
but since you are, I think, entitled to be
aware of the fact this is not a quiescent
matter, it is being considered very carefully.
As recently as this afternoon, I
received a call from John Kerry, the
legislative representative to the Catholic
Church, to reiterate the information which the
Cardinal did convey. This is under active
deliberation by them. And it's my profound
7235
hope, although I cannot predict the precise
outcome, obviously, that the goodwill evinced
by the Cardinal will manifest itself in
something which will bring some sort of
resolution to this very, very serious problem.
ACTING PRESIDENT KUHL: The
question is on the amendment. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(Response of "Nay.")
ACTING PRESIDENT KUHL: The
amendment is lost.
The Secretary will read the last
section.
THE SECRETARY: Section 9. This
act shall take effect December 1, 1999.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Excuse
me, Senator Goodman.
Senator Duane, why did you rise?
SENATOR DUANE: To speak as I
7236
cast my vote.
ACTING PRESIDENT KUHL: Senator
Duane, to explain his vote.
SENATOR DUANE: First, I do also
want to add that I'll bet that there were
people on the bus with Rosa Parks that said,
"Why don't you just shut up, Rosa, and sit
down where you're supposed to." But she
wouldn't do it, and I'm not going to either.
On the DNA database bill, the
reason I'm going to cast my vote in the
negative -- there are two reasons. One is I'm
very concerned that nothing in the bill speaks
to what's going to happen to the samples after
the DNA has been taken. My understanding is
that the blood samples can be kept in
perpetuity, and I don't see why it is that
they can't be destroyed after the DNA has been
extracted.
And the other issue is I've heard
the argument said time and time again that a
lot of people who have been falsely
incarcerated will now be freed because of this
bill. This from a body which has approved of
eliminating money for prisoners' legal
7237
services.
If incarcerated people in the State
of New York had access to legal protection or
lawyers who could go to the database and
thereby prove whether or not they were
innocent, I would be more inclined to vote for
this. But this legislation neither provides
the funding nor the mechanism to really make
that happen, and that's why I'm voting in the
negative on this.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Duane will be recorded in the negative.
Senator Goodman, to explain his
vote. Senator Goodman passes.
Announce the results.
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Goodman.
SENATOR GOODMAN: Some
housekeeping, if I may.
Would you be good enough to record
me in the negative on Calendar Number 1682. I
7238
was out of the chamber on Senate business when
this was called. Senate Bill Number 6143.
ACTING PRESIDENT KUHL: Without
objection, hearing no objection, Senator
Goodman will be recorded in the negative on
Calendar Number 1682.
Senator Bruno.
SENATOR BRUNO: Mr. President, is
there any housekeeping left at the desk?
ACTING PRESIDENT KUHL: No. The
desk is clean.
SENATOR BRUNO: Then, Mr.
President, there being no further business to
come before the Senate, I move that we
adjourn, subject to the call of the Majority
Leader, intervening days to be legislative
days.
Happy Thanksgiving.
ACTING PRESIDENT KUHL: Without
objection, the Senate stands adjourned,
subject to the call of the Majority Leader,
and intervening days are to be legislative
days.
(Whereupon, at 6:11 p.m., the
Senate adjourned.)